What must an Epcon Communities franchisee do when developing projects under the Marks designated by the franchisor?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use each Mark in full compliance with your Franchise Agreement, the Operations Manual and with reasonable rules prescribed periodically by us. You are prohibited under the Franchise Agreement from using any Mark as part of any corporate, partnership, trade or other legal name without our prior consent. You must, except as prohibited by applicable law, develop your projects under the Marks designated by us for that purpose without any prefix, suffix or other modifying words, terms, designs or symbols without our prior written consent. In addition, you may not use any Mark in connection with the sale of any unauthorized product or service or in any manner not authorized in writing by us. Under the Franchise Agreement, you agree not to contest, directly or indirectly, our ownership, title, right or interest in the Marks which are a part of the Development System.
Source: Item 13 — TRADEMARKS (FDD pages 50–53)
What This Means (2025 FDD)
According to Epcon Communities's 2025 Franchise Disclosure Document, when developing projects under the Marks designated by Epcon Communities, a franchisee must develop projects under the Marks designated by Epcon Communities for that purpose without any prefix, suffix or other modifying words, terms, designs or symbols without prior written consent, unless prohibited by applicable law. Additionally, franchisees may not use any Mark in connection with the sale of any unauthorized product or service or in any manner not authorized in writing by Epcon Communities. Franchisees must also use each Mark in full compliance with the Franchise Agreement, the Operations Manual and with reasonable rules prescribed periodically by Epcon Communities.
This means that an Epcon Communities franchisee has to adhere strictly to the brand's guidelines when using their trademarks on any development project. This includes not adding any additional words, designs, or symbols to the approved Marks without getting permission from Epcon Communities in writing first. This requirement ensures brand consistency across all franchise locations and projects.
The franchisee is also prohibited from using the Epcon Communities Marks to sell any products or services that Epcon Communities hasn't approved. This prevents franchisees from diluting the brand by associating it with unapproved offerings. Furthermore, the franchisee must follow all instructions in the Franchise Agreement, the Operations Manual, and any other rules that Epcon Communities sets regarding the use of the Marks. This gives Epcon Communities control over how its brand is represented and ensures that franchisees maintain the brand's standards.
Failure to comply with these requirements could result in a breach of the Franchise Agreement and potential termination of the agreement. Therefore, it is crucial for franchisees to seek written approval for any deviations from the standard use of the Marks and to stay informed about any updates or changes to the brand guidelines.